*4In September, 1906, defendant began tbe occupancy as tenant from month to month of a residence owned by plaintiffs in St. Joseph, and agreed to pay a monthly rental of $35, on the first day of each month. He occupied the premises until May 15,1907, when he vacated them. He paid the rent to May 1, 1907, and on the 2d day of that month orally notified one of the plaintiffs that he intended to move out on the 15th day of the month, giving as his reason (so plaintiff testified) that he desired a cheaper house because a lodger had given up his room. Plaintiffs told him that the statutory notice would be required. Defendant refused to give such notice and when he moved, tendered payment of rent to the date of the removal. Plaintiffs declined to accept the tender and brought suit for the rent of May and June. It is admitted by defendant that he was the tenant of plaintiffs from month to month; that he vacated the premises May 15, 1907, without giving written notice to his landlords, and that he refused to pay rent for the months of May and June. The defense pleaded and relied on is that the house was “unsanitary, unhealthful and untenantable, in this, that the plumbing was so defective as to allow the escape of gases and other nauseous vapors and that there were dead pipes in said house through which natural gas would leak; that plaintiffs well knew the condition above described but in total disregard of the rights of defendant . . . refused to put said house in a habitable condition . . . that by reason of the condition of said house defendant was compelled to abandon said property.”